Won summary judgment for a multinational corporation in a putative class action dealing with employment misclassification issues in New Mexico, thereby ending over two years of litigation. The court also denied the plaintiff's motion for class certification as moot.

07.18.2019

Francis v. Camel Point Ranch, 2019COA108 - Won a published opinion from the Colorado Court of Appeals dismissing, on the merits, an appeal of WTO's trial victory and addressing for the first time in Colorado the circumstances in which shareholders of a judicially dissolved corporation with an appointed receiver may appeal the dissolution in the corporation's name.

Successfully represented Aimco, one of the largest apartment owners in the U.S., in nationwide litigation alleging intentional torts against Airbnb. The closely watched litigation is changing how the short-term rental industry operates. Airbnb settled all litigation on the eve of the first trial on terms allowing Aimco to control short-term rental activity consistent with its contract and property rights.

02.13.2019

Won a trial verdict for a construction materials manufacturer as plaintiff in a breach of contract action.

01.25.2019

Won a defense verdict as co-counsel to defeat $800 million claims in a bet-the-company shareholder dispute involving an oil and gas client.

Defeated a preliminary injunction brought by a former investment executive who sued to nullify a noncompete and launch a competing firm by taking 50 clients representing $200 million in investments. Collaborating with another law firm, WTO showed in a two-day, federal court hearing that the former executive did not meet the requirements for injunctive relief. The Court agreed and denied the motion.

09.04.2018

Won a landmark federal case in Illinois defining the obligations of lead and liaison counsel in multidistrict litigation.

08.08.2018

Won a defense verdict in a highly public, multi-week jury trial alleging a wrongful death claim against a recreation industry client following the tragic death of a minor.

Won a Tenth Circuit appeal for a leading U.S. railroad operator defending a district court order that dismissed a third-party intervenor's claims against WTO's client based on lack of standing to enforce an EPA consent decree.

Won an arbitration for a law firm client that sued its former client for unpaid fees and was countersued for malpractice. The arbitrator rejected the malpractice claims and awarded WTO's client its unpaid fees plus interest, as well as its legal fees and costs incurred in the arbitration.

Won an arbitration ruling for $2.9 million, including punitive damages, for an investment fund misled into overpaying for an oil field services company based on misrepresentations made during the sale and omissions made during settlement negotiations regarding the sale.

During the appeal of an adverse verdict in a multimillion-dollar trial in which jurors were given the wrong instruction, plaintiffs offered to settle 11 mesothelioma cases for six figures total, just to get WTO out of ongoing litigation involving other defendants.

10.28.2016

Obtained midtrial settlement—for less than the cost of defense—for Foster Wheeler in a trial that went to an eight-figure verdict against the other defendant. The plaintiff simply wanted WTO out of the case.

10.27.2016

Obtained four-figure midtrial settlement for Dana Corp. as plaintiff closed its case in Cook County, IL.

Assisted a biotech company in an appellate briefing before the Federal Circuit, resulting in reversal of an adverse summary judgment and remand to the state court where our client had filed the complaint.

Won a complete jury verdict for a contractor who claimed a Canadian software company failed to pay him amounts due under a contract. The jury, in Douglas County, Colorado, returned a verdict in favor of WTO's client after 22 minutes of deliberation, awarding all the damages the client requested.

Defeated class certification in federal court in Oklahoma in a case involving thousands of claimants against a law firm that represents clients before the Social Security Administration. Following the denial of certification, the court granted summary judgment in favor of WTO's client on all remaining individual claims in the case.

Banner Health v. Phoenix Children's Hospital - Represented Phoenix Children's Hospital in a claim asserted by Banner Health that a merger between PCH and another healthcare entity triggered a termination clause in a lease of PCH's neonatal ICU. Following a two-week trial, the arbitrator terminated the lease.

Won a bench verdict in state court in a legal malpractice matter. After the law firm brought a collection action against a former client, the former client countered with a multimillion-dollar damages demand, claiming breach of fiduciary duty. Following a one-week trial, the judge dismissed the former client's counterclaim and awarded WTO's client the full amount of fees owed plus interest.

Vestas Blades v. Randall (Colo. 2011) - Won a $4.2 million judgment for a renewable energy client in a civil trial involving an executive's embezzlement from the company.

10.04.2011

Briefed an appeal in the United States Court of Appeals for the Second Circuit, resulting in full affirmance of a verdict in favor of WTO's client, Chrysler Group, on a federal statutory issue of first impression stemming from Congress's enactment of Section 747 of the Consolidated Appropriations Act of 2010.

Scoggins v. Encompass Insurance (Colo. App. 2009) - Defended an appeal to the Colorado Court of Appeals that affirmed the trial court's finding that WTO's client, Encompass Insurance, was not liable for the claims brought against it in an insurance case. Subsequently defended the award of costs to WTO's client.

Represented a hospital in a four-week trial in California involving special damages in excess of $10 million in claims relating to the care of an adult male with brain damage. The jury returned a verdict of $6 million, but also found the plaintiff 75% contributory negligent. After the setoff from settling the defendant, WTO's client owed only $37,000.

Won a defense verdict in a medical malpractice case in Florida involving permanent brain injury to a well-known plaintiff's lawyer. WTO was asked to take over the case two weeks into trial and after both local and regional defense counsel recommended settling the case for $12-15 million.

Negotiated five-figure settlement for GE during Phase 2 of a reverse bifurcated trial in which the plaintiff won Phase 1 but was awarded only 4.2% of demand. The settlement was less than 1% of the demand in Phase 2.

Obtained a defense verdict in a New Hampshire trial involving the death of a 63-year-old man following complications from gall bladder surgery. With just two weeks' notice, WTO demonstrated that an empty oxygen tank, which the decedent used for supplemental oxygen shortly before his cardiac arrest, did not cause his death. Ultimately, the jury agreed.

Successfully defended a spine surgeon in a two-week trial in South Carolina brought by a paralyzed plaintiff who blamed the surgeon for not recognizing the early signs of paralysis.

01.01.2006

Moore v. Bertuzzi - Successfully defended the Vancouver Canucks NHL organization in a lawsuit brought by Colorado Avalanche player Steven Moore as a result of severe injuries he sustained during a hockey game. WTO obtained dismissal of the lawsuit on the grounds of lack of personal jurisdiction and forum non conveniens, and also obtained a six-figure award of attorney's fees and costs in favor of the Canucks organization and against Mr. Moore.

Obtained reversal in the Ninth Circuit Court of Appeals of a trial court's refusal to send a contract dispute to arbitration. WTO successfully resolved the case on behalf of the client, a telecommunications company, after the Ninth Circuit ruling.

Streeter Imports v. Mercedes-Benz, 105 P.3d 818 (Nev. 2001) - Won an appeal of a trial court decision by the Nevada Department of Motor Vehicles & Public Safety that a dealer's unauthorized acquisition and sale of a new make of vehicle, distributed by our client but not covered under the existing dealer agreement, constituted good cause to terminate the dealer.

Scott v. Conoco - Defended Conoco against personal injury claims relating to an accident at one of its refineries. The plaintiff prevailed in a seven-day jury trial, but the case was later reversed by the Colorado Court of Appeals.

Represented a national shipping company in a wrongful death lawsuit filed in Montana involving two of its contract drivers who allegedly struck and killed a firefighter directing traffic in a snowstorm. After more than two years of challenging litigation, WTO was called in four weeks before trial and obtained a favorable settlement.

Won a defense verdict in Oregon as co-counsel in a $9 million trial involving negligence claims in a birth trauma case involving shoulder dystocia.

Represented a leading telecommunications company in a dispute against a service provider.

Represent a development company in litigation brought by a municipality related to disputes spanning a decade.

Taken over 50 expert and fact depositions in asbestos cases nationwide.

Argued a motion to dismiss in Wyoming state court that drew praise from the court.

Argued a winning opposition to plaintiffs' motion to dismiss a counterclaim in Wyoming state court.

Led trial preparation efforts, under senior supervision, for a major industrial manufacturer facing hundreds of millions in damages as a result of a catastrophic accident. Drafted Daubert motions, developed expert witnesses, and prepared experts for depositions and trial. The case settled shortly before trial.

Represented a utility company in the retrial of a $1 billion dollar lawsuit brought by a consortium of dairy farmers alleging stray electricity from our client's facilities and transmission lines depressed herd production. The parties reached settlement on the eve of the retrial.

Served as trial counsel in a multimillion dollar tax shelter trial involving what was once one of the largest investment banks in the United States. Successfully moved in limine to preclude and limit the scope of the expert testimony proffered by the plaintiff. The case concerned the interpretation of a decades-old bilateral tax treaty and the interplay of that treaty with U.S. tax laws and regulations.

In re 2005 U.S. Grand Prix Litigation, 489 F.3d 316 (7th Cir. 2007) - Successfully defended before the Seventh Circuit a Rule 12 dismissal of all claims relating to a proposed nationwide class action arising out of the 2005 United States Grand Prix in Indianapolis.

St. Clair County and City of Centreville v. Ford (Ill. St. Clair Cnty. Cir. Ct. 2004) - Won a complete defense jury verdict for Ford in a six-week, certified class action trial in Illinois.

Assisted in the successful resolution of 21 arbitrations as part of WTO's Chrysler Group Franchise Arbitrations Team, including the drafting and assembly of multiple successful motions submitted prior to final hearings. These followed the bankruptcy of Chrysler Group in 2010.

Flying J v. Conoco - Defended Conoco in a series of arbitrations in which Flying J claimed that the ConocoPhillips merger triggered a provision in the Conoco-Flying J joint venture agreement that would have allowed Flying J to acquire Conoco's interest at book value, which was approximately $1 billion less than the market value of the interest. The arbitrator found in Conoco's favor, concluding that market value was the proper way to value Conoco's interest.